People Ex Rel. Bender v. . Milliken
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 25, 1906, which affirmed an order of Special Term denying a motion for an absolute writ of prohibition to restrain the state civil service'commission from further proceeding in an investigation as to an alleged violation by the relator of the Civil Service Law. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 25, 1906, which affirmed an order of Special Term denying a motion for an absolute writ of prohibition to restrain the state civil service'commission from further proceeding in an investigation as to an alleged violation by the relator of the Civil Service Law. The facts, so far as material, are stated in the opinion. The Civil Service Law confers no power or authority upon the civil service commission to institute or prosecute an investigation against a public officer merely…
1Opinion of the Court
Cullen, Ch. J.
The relator is the fiscal supervisor of state charities, an office created by chapter 252 of the Laws of 1902. Complaint having been made to the respondents, the numbers of the state civil service commission, by one Doty, a clerk in the office of the relator, that he ha 1 been solicited to make a political contribution from his salary in the year 1902, the respondents proceeded to investigate the complaint, and examined witnesses as to the subject-matter thereof. They entitled their proceedings “In the Matter of Alleged Violation of Section 24 of the Civil Service Law in the…
2Cases cited4 opinions
- People v. . SharpNew York Court of Appeals · 1887
- Quimbo Appo v. . the PeopleNew York Court of Appeals · 1860
- People, Ex Rel. McDonald v. . KeelerNew York Court of Appeals · 1885
- People Ex Rel. Smith v. . HoffmanNew York Court of Appeals · 1901
3Cited by20 opinions
- Nicholson v. State Commission on Judicial ConductNew York Court of Appeals · 1980
- Dunham v. OttingerNew York Court of Appeals · 1926
- Terrell v. KingTexas Supreme Court · 1929
- Rivkin v. Garbros Inc.New York Supreme Court · 1944
- Carlson v. Village of Glen EllynAppellate Court of Illinois · 1959
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